A family left coping with the devastation of the El Paso Walmart mass shooting is demanding change in a lawsuit they filed against the retailer that argues the attack could have been prevented.

Jessica and Guillermo Garcia, who were both severely injured in the Aug. 3 mass shooting, filed the lawsuit against Walmart Inc. and Wal-Mart Stores Texas LLC on Aug. 30 in El Paso County district court.

The lawsuit, which is not asking for monetary compensation, is seeking to get answers as to why Walmart did not have armed security or measures in place to prevent the shooting that resulted in the deaths of 22 people and injured another 24.

"I don’t know the answers to this, but I definitely think that if they had armed security there, this would have turned out different,” said Don Coca, father of Jessica Garcia, who is acting as the family's spokesman. “They (Walmart) could have prevented it. There are a lot of things that could have been done differently.”

Jessica and Guillermo Garcia, who were with their two children at the time of the shooting, were shot multiple times. The children were uninjured.

Guillermo Garcia was shot at least once in the spine and has undergone multiple surgeries. He remains in critical condition at Del Sol Medical Center. Jessica Garcia was also hospitalized for her injuries.

Coca said the lawsuit's goal is to make sure Walmart puts in place policies including hiring armed security guards that will prevent anyone else from having to suffer like his family and dozens of other families.

“Walmart and any store has the duty to protect their customers,” said Patrick Luff, one of the lawyers representing the family. “It was a busy day on Aug. 3 and Walmart had no apparent security at the store. If it had had a visible security presence, the shooter would not have seen this as a target of opportunity and wouldn’t have come to this Walmart.”

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Lawyer Patrick Luff, who is representing two victims in the Aug. 3 mass shooting at an El Paso Walmart, discusses the lawsuit filed against Walmart.
Aaron Martinez, El Paso Times

Temporary restraining order

The lawsuit also is requesting that the district court judge grant a temporary restraining order preventing Walmart from altering the crime scene in any way.

According to the lawsuit, Walmart has already begun renovating the store.

A hearing date on the temporary restraining order has not been set. The lawsuit is set to be heard before 120th District Court Judge Maria Salas-Mendoza, according to court records.

Randy Hargrove, a spokesman at Walmart's headquarters in Bentonville, Ark., said the company is working to preserve all the information gathered by law enforcement and will respond accordingly to what orders are issued by the court.

“This tragic event will be with us forever, and our hearts go out to the families that were impacted," Hargrove said. "Safety is a top priority and we care deeply about our associates and customers."

"We preserved what information we have, and we’ve worked meticulously with federal and local authorities as they documented everything that took place on Aug. 3," Hargrove said. "Once we are served with a complaint, we will respond appropriately with the court."

People arrive at MacArthur Elementary looking for family and friends as the school is being used a re-unification center during the aftermath of a shooting at the Walmart in the Cielo Vista Mall area Saturday, Aug. 3, in El Paso. BRIANA SANCHEZ / EL PASO TIMES

Police interview witnesses as their children watch at Sam’s Club, where Walmart shoppers were evacuated during the mass shooting at Walmart near Cielo Vista Mall in El Paso on Saturday, Aug. 3, 2019. Mark Lambie/El Paso Times

People arrive at MacArthur Elementary looking for family and friends as the school is being used a re-unification center during the aftermath of a shooting at the Walmart in the Cielo Vista Mall area Saturday, Aug. 3, in El Paso. BRIANA SANCHEZ / EL PASO TIMES

People arrive at MacArthur Elementary looking for family and friends as the school is being used a re-unification center during the aftermath of a shooting at the Walmart in the Cielo Vista Mall area Saturday, Aug. 3, in El Paso. BRIANA SANCHEZ / EL PASO TIMES

A Chaplin walks up to MacArthur Elementary to assist families as the school is being used a re-unification center during the aftermath of a shooting at the Walmart in the Cielo Vista Mall area Saturday, Aug. 3, in El Paso. BRIANA SANCHEZ / EL PASO TIMES

People arrive at MacArthur Elementary looking for family and friends as the school is being used a re-unification center during the aftermath of a shooting at the Walmart in the Cielo Vista Mall area Saturday, Aug. 3, in El Paso. BRIANA SANCHEZ / EL PASO TIMES

People arrive at MacArthur Elementary looking for family and friends as the school is being used a re-unification center during the aftermath of a shooting at the Walmart in the Cielo Vista Mall area Saturday, Aug. 3, in El Paso. BRIANA SANCHEZ / EL PASO TIMES

Various police and law enforcement personnel surround a Walmart in El Paso after a gunman entered the store near Cielo Vista Mall and opened fire on Saturday, Aug. 3, 2019, killing 22 people. Nathan J Fish/Sun-News

Federal Bureau of Investigation arrives at MacArthur Elementary while the school is being used a re-unification center during the aftermath of a shooting at the Walmart in the Cielo Vista Mall area Saturday, Aug. 3, in El Paso. BRIANA SANCHEZ / EL PASO TIMES

Two men drive around MacArthur Elementary giving water to people as they use the school as a re-unification center during the aftermath of a shooting at the Walmart in the Cielo Vista Mall area Saturday, Aug. 3, in El Paso. BRIANA SANCHEZ / EL PASO TIMES

Debra Kish, far right, drops off water to Hailey Escandon, far left, Dominque Airington, center, and Stephanie Soto at MacArthur Elementary Saturday, Aug. 3, in El Paso. The elementary school is being used as a re-unification center. The women were taking donations from the sidewalk and parking lot into the elementary school for people who wanted to donate water and snacks to people looking for their family members. BRIANA SANCHEZ / EL PASO TIMES

People arrive at MacArthur Elementary looking for family and friends as the school is being used a re-unification center during the aftermath of a shooting at the Walmart in the Cielo Vista Mall area Saturday, Aug. 3, in El Paso. BRIANA SANCHEZ / EL PASO TIMES

Buses pull up to MacArthur Elementary Saturday, Aug. 3, in El Paso. The buses were dropping off people looking for family members since the school was being used a re-unification center during the aftermath of a shooting at the Walmart in the Cielo Vista Mall area BRIANA SANCHEZ / EL PASO TIMES

People arrive at MacArthur Elementary looking for family and friends as the school is being used a re-unification center during the aftermath of a shooting at the Walmart in the Cielo Vista Mall area Saturday, Aug. 3, in El Paso. BRIANA SANCHEZ / EL PASO TIMES

People arrive at MacArthur Elementary to donate water and see if they can help during the aftermath of a shooting at the Walmart in the Cielo Vista Mall area Saturday, Aug. 3, in El Paso. The elementary school is being used a re-unification center. BRIANA SANCHEZ / EL PASO TIMES